LEGAL
“You are advised to also focus on
protecting your brand through
the registration of a trademark,
giving you protection from
others’ claims of infringement
and better tools to protect your
brand. It’s always better to be
the hammer than the nail!” DXINERZ-PVT-LTD/SHUTTERSTOCK.COM
registration is simply not robust
enough to identify all potential prior
trademark or corporate registrations
across the country. It can be avoided
through more extensive searching
and the filing of a trademark application.
A business owner cannot be
sued for trademark infringement (or
the common law tort or civil wrong
of “passing off ”) if using their own
registered trademark.
Second, the owner of a registered
trademark can stop others from using
the same or similar mark anywhere in
Canada even though their own business
is only operating in one location.
Without a registered trademark, unless
the business owner has a nationwide
reputation, nothing can be done to
stop others from using the same name
to identify their own goods or services
in other parts of the country.
Remember, it is not enough to
brand your business and focus on marketing.
You are advised to also focus
on protecting your brand through the
registration of a trademark, giving
you protection from others’ claims of
infringement and better tools to protect
your brand. It’s always better to
be the hammer than the nail!
Steven Z. Raber is a Winnipeg-based
lawyer, registered trademark agent
and trained mediator. You may reach
Raber at (204) 957-8304 or by email at
stevenraber@fillmoreriley.com.
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